Procedure for initiating a criminal case
The criminal process is the institution of the case according toestablished CCP in case of detection of a criminal act. Further, all available materials are documented, such a set of documents is called judicial proceedings. The initiation of a criminal case is a form of criminal proceedings. At this stage, authorized officials or public authorities, upon learning of a criminal act that is being prepared or have already been committed, begin to establish the plausibility of the information received. Only after this, the decision is made to start or refuse to start a business.
The initiation of a criminal case is an inalienable andmandatory part of the criminal process, it always begins with the adoption of a complaint or statement, this is stated in Art. 108 CCP. Within three days (in rare cases more than 10 days) all circumstances must be checked, during which traces of the crime will be revealed. The law states that for each message received, a decision must be made.
The initiation of a criminal case by the CCP isthe actions of the prosecutor, the court, the investigator or the inquiry body, which became known to the events containing the signs of a crime, as provided by law. The decision on the initiation of a criminal offense (Article 146, part 2) should specify:
- Settlement (territorial dislocation, country, city, etc.), date and time of delivery.
- Who issued the decision (full name, class rank, position or name of the body).
- The basis and reason for his excitement.
- Article number of the Criminal Code, part, paragraph, the signs of which are revealed in the application for the inspection materials.
Based on this article will be acceptedthe correct decision on preliminary investigation. The earlier the criminal case starts, the more likely it is that the crime is solved "in the hot pursuit". A belated investigation into the incoming signal can lead to serious consequences.
According to Art. 178, it is prohibited to conduct investigative actions before issuing a resolution, not counting those who do not tolerate delay. This is due to the fact that after signing the act on the initiation of the process for persons participating in criminal proceedings, SCP measures will be applied, which significantly restricts freedom and constitutional human rights. Citizens are subject to compulsory examination, interrogation, searches, seizures and other measures. Such coercive measures are permissible in the event that all the signs of the committed act are clearly established and the offender is instituted against the offender.
Who has the right to initiate u / d?
Such rights are vested in the bodies of inquiry,the prosecutor, the judge and the investigator in accordance with articles of the Code of Criminal Procedure No. 3, 112, 109, 255 and 256. Such powers no one else has. The person who will be engaged in the investigation, first must make a decision to initiate the case and take to its proceedings. The initiation of a criminal case may not begin if the officials have no grounds (Article 113 part 1).
The refusal is alsomotivated justification, ie. The document should describe specific data that clearly substantiates this conclusion. The person who issued this resolution must verbally explain to all interested citizens that they have the right to appeal. The order of reasonableness of initiation of cases should be monitored by public prosecutor's supervision (Article 116).
The duties of the prosecutor include: supervision over the groundlessness of refusal or initiation of the law, compliance with the procedure and deadlines for consideration of complaints received. Therefore, the law requires that a copy of his copy be sent to the prosecutor within 24 hours after signing the resolution. In case of revealing a discrepancy, he has the right to cancel the decision already taken by the investigator or the body of inquiry. The procedure for initiating a criminal case must be strictly observed.
